Can the scope of a promise or covenant in the Brueggers Bagels franchise agreement be reduced?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
19.3. Enforcement.
- 19.3.1. We have the right, in our sole discretion, to reduce the scope of any restriction in Sections 19.1 and 19.2 by giving you written notice.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, Brueggers Bagels has the right to reduce the scope of any restriction related to competition. Specifically, Brueggers Bagels, in its sole discretion, can reduce the scope of any restriction detailed in Sections 19.1 and 19.2 of the franchise agreement by providing written notice to the franchisee. These sections likely pertain to non-compete agreements or other limitations on the franchisee's business activities.
This clause provides Brueggers Bagels with flexibility in enforcing the non-compete provisions. It allows them to tailor the restrictions based on specific circumstances, potentially benefiting both the franchisor and franchisee. For example, if a franchisee wants to engage in a business activity that technically violates the non-compete but does not directly compete with Brueggers Bagels, the franchisor could reduce the scope of the restriction to allow it.
However, it's important to note that this right is at Brueggers Bagels's sole discretion, meaning they are not obligated to reduce the scope of any restriction. A prospective franchisee should carefully consider the implications of these non-compete clauses and discuss any potential concerns with Brueggers Bagels before signing the franchise agreement. Understanding the specific restrictions and the franchisor's potential flexibility is crucial for making an informed decision.